Master Miss Carla Thomas

Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – Whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem.

Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – Whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim - Whether the 1st defendant should be removed as a party.

Civil Procedure – Jurisdiction of court to order stay of proceedings in subsequent action in circumstances where costs ordered in previous action between similar parties have not been paid

Civil Procedure Rules - Rule 15.2 - Application for summary judgment - Whether the defendant has real prospect of defending the claim - Real property – Defences of frustration, surrender of lease, set off, misrepresentation - Whether there is a good prospect of succeeding in these defences.

Civil Procedure Rules – Rule 13.2 - Application to set aside default judgment – Whether defendants were served – Whether default judgment should be set aside as of right. 

Civil Procedure - Rule 15.2 - application for summary judgment - Whether the claimant has a real prospect of succeeding in the claim – Conflicts of fact – Whether case appropriate for grant of summary judgment

Civil Procedure - Rule 13.3 - application to set aside default judgment; application for extension of time to file defence – prospects of success

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Civil Procedure – Rule 15.2 – application for summary judgment – whether the defendant has a real prospect of successfully defending the claim – Real property – fraud – whether the defence has established a prima facie case of fraud to defeat title of registered proprietor